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(721) VIVEK KUMAR SAXENA Vs. M/S COLLEGE BOOK STORE[DELHI HIGH COURT] 24-10-2024
Timeliness in Filing Written Statements in Commercial Disputes — The court emphasized the strict timelines for filing written statements in commercial disputes as per Order 8 Rule 1 of the CPC , especially under the Commercial Courts Act, 2015, which aims for expeditious disposal of such cases — It was held that the defendant has an initial duty to file a written statement within 30 days of service of summons and can only be granted an extension up to 120 days if the court records specific reaso
India Law Library Docid # 2419193

(722) RANDHIR SINGH AND OTHERS Vs. UNION OF INDIA AND ANOTHER[DELHI HIGH COURT] 24-10-2024
Land Acquisition Act, 1894 — Enhancement of Compensation — Further Enhancement — The appellants' land was acquired Residential Scheme —They challenged the compensation awarded, arguing it was inadequate and did not consider the land's potential —Whether the compensation awarded was fair and whether the land should be valued as agricultural or urbanized land — The appellants argued the land was undervalued, not considering its potential and existing developments — They sought higher compensation
India Law Library Docid # 2419194

(723) DIVYANSH Vs. THE STATE OF MADHYA PRADESH AND OTHERS[MADHYA PRADESH HIGH COURT (INDORE BENCH)] 24-10-2024
Penal Code, 1860 (IPC) — Sections 420, 467, 468 and 471 — The petitioner was implicated in a fraud case where the complainant transferred money, who later disappeared — The main issue was whether the FIR and subsequent proceedings should be quashed based on a compromise between the parties — The petitioner argued for quashing the FIR as both parties had amicably settled the dispute and did not wish to continue with the prosecution — The State opposed the quashing, arguing that the offences under
India Law Library Docid # 2419403

(724) SMT. SHWETA Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT (AURANGABAD BENCH)] 24-10-2024
Registrar of the Family Courts (Recruitment) Rules, 1995 — Rule 3(a) — The petitioner challenged the promotion of respondent no.5, to the post of Registrar, Family Court, Aurangabad, arguing that she was senior and more deserving — Whether the promotion of respondent no.5 over the petitioner was justified under the rules governing promotions based on seniority and fitness — The petitioner argued that her seniority was overlooked and that the promotion should have been based on seniority-cum-fitn
India Law Library Docid # 2419607

(725) KONDIBA Vs. STATE OF MAHARASHTRA[BOMBAY HIGH COURT (AURANGABAD BENCH)] 24-10-2024
Penal Code, 1860 (IPC) — Sections 504, 506, 143, 147, 148, 324, 326, read with section 149 — Assault — Unlawful assembly with a common object — The main issues include the validity of the evidence, the role of each accused, and whether the sentence should be reduced or probation granted — The applicants argued that the evidence was insufficient, the weapons were not properly identified, and the non-examination of one injured witness was significant — They also requested a reduction in the senten
India Law Library Docid # 2419609

(726) ABIN JOSEPH AND OTHERS Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 24-10-2024
Protection of Children from Sexual Offences Act, 2012 — Sections 9 and 10 — Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 82 — The case involves allegations of sexual assault and corporal punishment against two accused based on incidents involving a minor child — The main issues are whether the actions of the accused constitute offenses under Sections 9 and 10 of the POCSO Act and Section 82 of the Juvenile Justice Act — The petitioners argue that the trial court wrongly
India Law Library Docid # 2419628

(727) LINU JOSEPH Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 24-10-2024
Protection of Women from Domestic Violence Act, 2005 — Section 31 — The petitioner is accused of committing economic abuse under the Domestic Violence Act by failing to provide financial support to his wife and child as ordered by the court — Whether the non-payment of maintenance constitutes a breach of protection orders under Section 31 of the Domestic Violence Act — The petitioner argues that the prosecution is unwarranted as Section 31 applies only to breaches of protection orders, not maint
India Law Library Docid # 2419629

(728) ASHA Vs. STATE OF KERALA AND OTHERS[KERALA HIGH COURT] 24-10-2024
Penal Code, 1860 (IPC) — Sections 447, 323, 341, 324, 325, 326, 307 and 34 — The petitioner is the 6th accused in a case involving multiple charges including assault and attempted murder — Initially, she was not named in the FIR but was later included after further investigation — The main issues are whether further investigation without court permission invalidates the supplementary report and whether petitioner’s inclusion as an accused is justified — Petitioner’s counsel argues that her inclu
India Law Library Docid # 2419630

(729) DR. K.R. HARIDAS Vs. THE DY.S.P.(VACB) AND OTHERS[KERALA HIGH COURT] 24-10-2024
Prevention of Corruption Act, 1988 — Section 13(2) r/w 13(1)(c)(d) — Penal Code, 1860 (IPC) — Sections 468 and 471 r/w Section 34 — Misappropriating of funds by creating fraudulent documents to show that a non-existent person, ‘V’, was employed and received a salary — Whether the petitioner committed forgery and misappropriation of university funds — The petitioner argued that there was no material evidence to show his involvement in the alleged forgery and misappropriation — He claimed that the
India Law Library Docid # 2419631

(730) SMT. PUSHPLATA TIWARI AND OTHERS Vs. MAHESH KUMAR TIWARI AND OTHERS[CHHATTISGARH HIGH COURT] 24-10-2024
Motor Accident Claims — Death in motor accident — The claimants, his family, sought compensation — The main issues were the determination of compensation and the assessment of the deceased's income before and after retirement — The claimants argued for higher compensation, citing errors in the tribunal's calculation of the deceased's income and deductions for personal expenses — The respondents contended that the deceased's income should be bifurcated into pre- and post-retirement earnings and t
India Law Library Docid # 2419733

(731) BINDESH FULCHAND NETAM Vs. STATE OF CHHATTISGARH[CHHATTISGARH HIGH COURT] 24-10-2024
Juvenile Justice (Care and Protection of Children) Act 2015 — Sections 15(1), 18(3) and 19(1)(i) — The petitioner was convicted of gang rape under IPC and POCSO Act — He was a juvenile at the time of the offense and was tried as an adult — He was sentenced to 20 years imprisonment —Whether the petitioner, having undergone reformative changes, should be released or transferred to jail to complete his sentence after turning 21 — The petitioner has shown positive reformative changes and should be r
India Law Library Docid # 2419734

(732) SRI VENKAT RAMULU AND ANOTHER Vs. STATE OF TELANGANA AND OTHERS[TELANGANA HIGH COURT] 24-10-2024
Unauthorized Constructions and Illegall occupation of land — The petitioners, senior citizens and advocates, allege that respondents illegally occupied land belonging to the Government Junior College, Narayanpet, and made unauthorized constructions — Despite representations, no action was taken by the authorities — Whether the land in question belongs to the Government Junior College and if the respondents' occupation and constructions are illegal — The land was purchased for the college, and th
India Law Library Docid # 2419778

(733) IN RE: SAVE THE RIVERS, LAKES AND WATER BODIES FROM ILLEGAL CONSTRUCTIONS AND ENCROACHMENTS.[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 24-10-2024
Water (Prevention and Control of Pollution) Act, 1974 — Section 24(1)(b) — The case addresses the illegal constructions and encroachments on rivers, lakes, and water bodies in Rajasthan, highlighting the critical importance of water as a natural resource — The main issue is the failure of authorities to prevent illegal encroachments, leading to severe environmental degradation and water scarcity — The petitioner emphasizes the urgent need for conservation and strict enforcement of existing laws
India Law Library Docid # 2419825

(734) MOHH. ISRAR ALIAS KALLU Vs. STATE OF RAJASTHAN[RAJASTHAN HIGH COURT (JAIPUR BENCH)] 24-10-2024
Penal Code, 1860 (IPC) — Sections 115, 342, 343, 364, 302, 201, 120B — The appellant is accused related to a crime including murder and abduction — The main issue is whether the appellant should be granted bail considering the nature of the crime and his prolonged incarceration — The appellant's counsel argued for bail based on prolonged detention, lack of support from key witnesses for the prosecution, and the fact that co-accused have been granted bail — The prosecution opposed bail, citing th
India Law Library Docid # 2419831

(735) INDRADEO PASWAN AND OTHER Vs. THE STATE OF BIHAR[PATNA HIGH COURT] 24-10-2024
Penal Code, 1860 (IPC) — Sections 147, 148, 323, 324, 325, 307 and 34 — Assault — The main issues include the reliability of witness testimonies, the existence of a counter-case, and the lack of independent witnesses and supporting medical evidence — The appellants argue that the prosecution's case is unreliable due to discrepancies in witness statements, lack of independent witnesses, and absence of medical evidence like X-ray reports to substantiate the injuries — The prosecution maintains tha
India Law Library Docid # 2419904

(736) DAYA PRASAD @ VYAS JI Vs. STATE OF U.P.[ALLAHABAD HIGH COURT] 24-10-2024
Penal Code, 1860 (IPC) — Section 302 — Murder — The appellant was convicted for the murder of a 13-year-old boy — The boy's body was found dismembered on a railway track — The main issue was whether the conviction was based on reliable evidence, including the confession and recovery of the body — The appellant argued that the evidence was unreliable, the confession was coerced, and the recovery of the body was not properly documented — The State argued that the conviction was justified based on
India Law Library Docid # 2420039

(737) KAMLESH Vs. STATE OF H.P.[HIMACHAL PRADESH HIGH COURT] 24-10-2024
Penal Code, 1860 (IPC) — Sections 302, 201 and 120-B — Murder of own minor son with the help of co-accused — The main issue is whether the petitioner should be granted bail due to the prolonged pre-trial incarceration and the right to a speedy trial — The petitioner argues that the delay in the trial has violated her constitutional right to a speedy trial — Only five out of 38 witnesses have been examined, and there is no likelihood of an early conclusion of the trial — The respondent opposes th
India Law Library Docid # 2420102

(738) KIRTIBHAI Vs. STATE OF GUJARAT AND OTHERS[GUJARAT HIGH COURT] 24-10-2024
Gujarat Prevention of Anti-social Activities Act, 1985 — Section 2(b) — Preventively detained as a bootlegger — The main issue was whether the detention order was valid under the Act, considering the petitioner's activities were argued to affect law and order, not public order — The petitioner argued that the detention was unjustified as his activities did not affect public order but were merely law and order issues — The State contended that the petitioner was a habitual offender whose activiti
India Law Library Docid # 2420236

(739) J.SAKTHI DEVI @ CHRISTI Vs. JOSEPH CHARLES[MADRAS HIGH COURT (MADURAI BENCH)] 24-10-2024
Guardian and Wards Act, 1890 — Section 47 — Custody dispute over minor children — The Family Court, Madurai, granted interim custody to the respondent — Whether the interim custody order granted by the Family Court should be set aside — The appellant claims that the respondent caused mental and physical cruelty, demanded dowry, and is mentally unstable, posing a threat to the children's safety — The respondent denies the allegations, stating that the appellant left the matrimonial home voluntari
India Law Library Docid # 2420394

(740) M.PALANISAMY Vs. THE DIRECTOR OF TOWN PANCHAYATS, KURALAGAM, AND OTHERS[MADRAS HIGH COURT (MADURAI BENCH)] 24-10-2024
Service Law — Promotion — Reversion — Appellant initially appointed as NMR in 1987, was promoted to Sanitary Supervisor in 2011 but reverted to Water Supply Pump Operator in 2014 — Respondent challenged his promotion — Whether appellant’s promotion was valid and if he was eligible for the Sanitary Supervisor post — Appellant argued for his right to promotion, claiming stagnation in his career — The respondents contended that appellant’s post was not a feeder post for the promotion and that he wa
India Law Library Docid # 2420395